Section 75. Discharge of sewage into the Susquehanna
near Binghamton prohibited.

76. Discharge of sewage and other matter into
certain waters prohibited.

76a. Order to discontinue pollution of waters.
77. Permission to discharge sewage.

78. Permission to discharge refuse or waste mat-
ter from industrial establishments.

79. Plans for refuse discharge pipes must be

submitted.

80. Revocation of permit.

81. Reports of municipal authorities to local

boards of health.

82. Reports of proprietors of industrial estab-
lishments.

83. Record of permits; inspection of local boards

of health.

84. Violations; service of notice; actions.

85. Penalties.

86. Constructions and limitations made by sec-
tions seventy-six to eighty-five, inclusive.

87. Actions by municipalities to prevent dis-
charge of sewage into waters.

§ 70. Rules and regulations of department. The Water state department of health may make rules and regu- regulations lations for the protection from contamination of any or all public supplies of potable waters and their sources within the state, and the commissioner of water supply, gas and electricity of the city of New York and the board of water supply of the city of New York may make such rules and regulations subject to the approval Approval of the state department of health for the protection of N. Y. C. from contamination of any or all public supplies of regulations potable waters and their sources within the state where the same constitute a part of the source of the public water supply of said city. If any such rule or regulation

Temporary contamination,

penalty

relates to a temporary source or act of contamination, any person violating such rule or regulation shall be liable to prosecution for misdemeanor for every such violation, and on conviction shall be punished by a fine not exceeding two hundred dollars, or imprisonment not

exceeding one year, or both. If any such rule or reguPermanent lation relates to a permanent source or act of contamition. nation, said department may impose penalties for the

contamina

penalty

Publication of rules

violation thereof or the noncompliance therewith, not exceeding two hundred dollars for every such violation or noncompliance. Every such rule or regulation shall be published at least once in each week for six consecutive weeks, in at least one newspaper of the county where the waters to which it relates are located. The Expense of cost of such publication shall be paid by the corporapublication tion or municipality benefited by the protection of the

publication, filing in county county clerk's

water supply to which the rule or regulation published Affidavit of relates. The affidavit of the printer, publisher or proprietor of the newspaper in which such rule or regulation is published may be filed, with the rule or regulation published, in the county clerk's office of such county, and such affidavit and rule and regulation. shall be conclusive evidence of such publication, and of all the facts therein stated in all courts and places. (Am'd by 1911, ch. 695, and L. 1915, ch. 665, in effect May 20, 1915.)

office

Inspections

§ 71. Inspection of water. The officer or board having by law the management and control of the potable water supply of any municipality, and in the city of New York, the commissioner of water supply, gas and electricity, and the board of water supply. of the city of New York, or the corporation furnishing such supply, may make such inspection of the sources of such water supply as such officer, board or corporation deems advisable and to ascertain whether the rules or regulations of the state department and of the commissioner of water supply, gas and electricity of the city of New York, and of the board of water

service of

tion of

supply of the city of New York, are complied with, and shall make such regular or special inspections as the state commissioner of health or the commissioner of the department of water supply, gas and electricity of the city of New York, or the board of water supply of the city of New York, may prescribe. If any such inspection discloses a violation of any such rule or regula- Violations, tion relating to a temporary or permanent source or act notice of contamination, such officer, board or corporation shall cause a copy of the rule or regulation violated to be served upon the person violating the same, with a notice of such violation. If the person served does not immediately comply with the rule or regulation violated, such officer, board or corporation, except in a case concerning the violation of a rule or regulation relating to a temporary or permanent source or act of contamination affecting the potable water supply of Notificathe city of New York, shall notify the state depart- department ment of the violation, which shall immediately examine fonviolan into such violation; and if such person is found by the tinues state department to have actually violated such rule or regulation, the commissioner of health shall order the local board of health of such municipality wherein the Inspection violation or noncompliance occurs, to convene and en- to convene force obedience to such rule or regulation. If the local board fails to enforce such order within ten days after its receipt, the corporation furnishing such water supply or the municipality deriving its water supply from the waters to which such rule or regulation relates, or the state commissioner of health or the local board of health of the municipality wherein the water supply protected by these rules is used, or any person inter- Action in ested in the protection of the purity of the supply, may maintain an action in a court of which shall be tried in the county where the cause order of action arose against such person, for the recovery 10 days of the penalties incurred by such violation, and for

con

and order

board

court of

water record if record board fails

Penalties and injunction

Contam

N. Y. C. supply

Summary

or

five days

an injunction restraining him from the continued violation of such rule or regulation. If the person served does not comply within five days with the rule or regulation violated, in case such rule or regulation relates to a temporary or permanent source or act of contamination affecting the potable water supply of the city

of New York, the commissioner of water supply, gas ination of and electricity of said city, or the board of water supply of the city of New York, may summarily enforce compliance with such rule or regulation, and may sumabatement enforce marily abate or remove the cause of the violation of ment after such rule or regulation or the nuisance so created, and to that end may employ such force as may be necessary and proper; provided, however, that no building or improvements shall be removed, disturbed or destroyed by the said commissioner of water supply, or the said board of water supply until he or they shall cause measurements to be made of the buildings and photographs of the exterior views thereof, which measurements and photographs shall be at the disposition thereafter of the owners or their attorneys, and failure to exercise such right of abatement shall not be deemed a waiver thereof. Failure to comply within five days with such rule and regulation shall further entitle the city of New York to maintain an action in any court having jurisdiction thereof for the recovery of the penalties incurred by such violation and for an injunction restraining the person or persons violating such rule or regulation, or creating or continuing such nuisance, from the continued violation of such rule or regulation or continuance of such nuisance; the remedy by abatement being not exclusive. (Am'd by L. 1911, ch. 695, and L. 1915, ch. 665, in effect May 20, 1915.)

§ 72. Rules and regulations for water supplies legalized. All rules and regulations heretofore duly made and published for the sanitary protection of public water supplies, pursuant to chapter five hundred and forty-three of the laws of eighteen hundred and eightyfive, and chapter six hundred and sixty-one of the laws of eighteen hundred and ninety-three, as amended, are hereby legalized, ratified, confirmed and continued in force, until new rules and regulations become operative.

This section and the two preceding sections shall not be construed to repeal or affect any of the provisions of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, or its amendments.

§ 73. Sewage. When the state department of Changes in

sewer systems re

health, or the commissioner of water supply, gas and electricity of the city of New York, or the board of quired by water supply of the city of New York, shall, for the protection of a water supply from contamination, make orders or regulations the execution of which will require or make necessary the construction and maintenance of any system of sewage,* or a change thereof, in or for any village or hamlet, whether incorporated or unincorporated, or the execution of which will require the providing of some public means of removal or purification of sewage, the municipality or corporation owning the water works benefited thereby shall, at its own expense, construct and maintain such system of sewage,* or change thereof, and provide and maintain such means of removal and purification of sewage and such works or means of sewage disposal as shall be approved by the state department of health, and for that purpose said municipality or corporation may acquire, Comunder the general condemnation law, the necessary real pensation estate or interest therein whether now used for public age to or private purposes. When the execution of any such ings or regulations of the state department of health, or the property commissioner of water supply, gas and electricity of by enforcethe city of New York, or the board of water supply of rules